Importation of Intoxicating Liquors Act

Marginal note:Prohibition

• 3 (1) Despite any other Act or law, other than the Foreign Missions and International Organizations Act, a person is not permitted to import, or cause to be imported, into a province from a place outside Canada any intoxicating liquor unless the intoxicating liquor has been purchased by or on behalf of, and is consigned to, Her Majesty or the executive government of a province, or any board, commission, officer or other governmental agency of the province that, by the law of that province, is authorized to sell intoxicating liquor.

• Marginal note:Suspension of paragraph (2)(f)

  (1.1) The operation of paragraph (2)(f) is suspended during the period in which paragraph (2)(c) is in force.

• Marginal note:Exceptions

  (2) The provisions of subsection (1) do not apply to

  • (a) the transportation of intoxicating liquor through a province to a territory or through Canada to a destination outside Canada, by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being transported, its container is not opened or broken or any of the liquor is drunk or used;

  • (b) the importation of intoxicating liquor into a province by any person who is a licensed distiller or who is duly licensed by the Government of Canada to carry on the business or trade of a brewer if the liquor

    • (i) is imported solely for the purpose of being used for blending with or flavouring the products of the business or trade of a distiller or brewer carried on by the person in the province, and

    • (ii) is kept while in the province

      • (A) in the case of spirits or wine, in accordance with the Excise Act, 2001 and the laws of the province, and

      • (B) in the case of beer, by the person in a place or warehouse that conforms in all respects to the requirements of the law governing those places or warehouses;

  • (b.01) [Repealed, 2002, c. 22, s. 395]

  • (b.02) [Repealed, 2002, c. 22, s. 395]

  • (b.03) [Repealed, 2002, c. 22, s. 395]

  • (b.1) [Repealed, 2002, c. 22, s. 395]

  • (c) the importation of bulk spirits into a province from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (d) the importation of bulk spirits into a province from Chile by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of the Chile Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (e) the importation of bulk spirits into a province from Costa Rica by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of the Costa Rica Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (f) the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province;

  • (f.1) the importation of bulk spirits into a province from a country or territory listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i) are entitled to the benefit of a tariff set out in column 2, and

    • (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and

  • (g) the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Revenue Agency, if the spirits

    • (i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and

    • (ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept.

  • (h) [Repealed, 2019, c. 29, s. 186]

• (3) [Repealed, 2002, c. 22, s. 411]